• Agreement

I made agreement with seller and paid full money of the land and also took irevocable power of attorney but a third party has filed a civil case against my seeller for 240 sq ft of land and the third party is saying seller has made a promise to give him 240 sq ft of land. I will not give any part of land to third party as i have valid agreement.Now what shall i do please suggest.
Asked 1 year ago in Property Law
Religion: Hindu

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12 Answers

Has registered sale deed been executed in your favour 

in order to confer clear and marketable title registered sale deed is must 

Ajay Sethi
Advocate, Mumbai
97261 Answers
7856 Consultations

Whether seller had entered into written agreement for sale with the plaintiff who has filed suit ?

 

your defence should be that you are a bonafide purchaser and full sale consideration has been paid to seller abd registered sale deed entered into with seller 

Ajay Sethi
Advocate, Mumbai
97261 Answers
7856 Consultations

registered sale deed ? 
You said took irevocable power of attorney only.

Yogendra Singh Rajawat
Advocate, Jaipur
23005 Answers
31 Consultations

Mere promise does not constitute any agreement nor mere promise constitiute any binding contract to constitute liability on part of seller. However  court case paper is required to be looked into. 

Siddharth Srivastava
Advocate, Delhi
1424 Answers

You need to contest the suit and show the court that you have valid agreement. You can also take damages from seller as well as file cheating case

Prashant Nayak
Advocate, Mumbai
32692 Answers
208 Consultations

Based on the information provided, it appears that you have entered into an agreement with the seller for the purchase of land and have made the full payment. Additionally, you have also obtained an irrevocable power of attorney.

 

To protect your interests in the case where a third party has filed a civil case against the seller claiming a portion of the land, it would be necessary to review the details of your agreement, the power of attorney, and the specific allegations made by the third party.

 

 It is essential to understand the relevant laws and sections pertaining to land disputes, such as the Transfer of Property Act, 1882, and the Specific Relief Act, 1963.

 

If you want I can scrutinize the documents for you.

 

Regards.

Narendra Singh Jadon
Advocate, Alwar
10 Answers

The sale agreement that you have entered into with the seller will not confer title to you over the property.

The sale deed alone is the title document.

Besides the power of attorney deed is also not a title document, it is a document executed by the principal to the power agent to perform certain tasks as assigned/delegated in the deed on his/her behalf.

The civil suit has been filed by a third party agaisnt your vendor, hence your vendor has to challenge and get the case disposed, you cannot interfere in that  especially when you are not impleaded as a necessary party, and even if you are impleaded as a party,. you should confine to the reliefs sought agaisnt you by the plaintiff and not beyond that.

 

T Kalaiselvan
Advocate, Vellore
87463 Answers
2348 Consultations

Your statement from one post to another is contradicting to each other.

You have mentioned that it was an agreement for sale and now you say that it was a registered sale deed, so which is true?

If it was a registered sale deed, then why did the seller execute a power of attorney deed in your favor?

Don't try to get the information on the basis of your incorrect statements, because any opinion given on the basis  of your different and contradicting questions will misguide and mislead you. 

T Kalaiselvan
Advocate, Vellore
87463 Answers
2348 Consultations

- As per Supreme Court judgment , POA or a sale agreement is not a title document for the property , and only a registered Sale deed is a title document. 

- If the said property transferred to you by way of execution of sale deed , then you are legal owner of the  property , and the said third party cannot claim any portion of that property. 

- Further , if you having registered GPA with possession of the property , then also you are legal owner of the property.

- Further, a promise to give land is not enough , and even an unregistered agreement is also not having value in the eye of law. 

- Hence, take the  possession of the entire land on the ground, and if any interruption by the third party ,then file an Injunction suit before the court for restrain him from interfering into your property. 

Mohammed Shahzad
Advocate, Delhi
14651 Answers
224 Consultations

Dear Client,

According to the Supreme Court, a power of attorney (POA) or a sale agreement is not a title document for property. Only a registered sale deed is a title document.

If the property has been transferred to you through a registered sale deed, then you are the legal owner of the property. In this case, a third party cannot claim any portion of the property.

Similarly, if you have a registered general power of attorney (GPA) with possession of the property, then you are also the legal owner of the property.

A promise to give land is not enough, and even an unregistered agreement does not have any value in the eyes of the law.

Therefore, you should take possession of the entire land. If a third party interrupts you, you should file an injunction suit in court to restrain them from interfering with your property.

Here are some additional points to keep in mind:

  • A registered sale deed is a public document that is recorded in the government registry. This makes it a more reliable and secure way to transfer ownership of property.
  • A GPA is a document that gives you the power to act on someone else's behalf. If you have a registered GPA with possession of property, then you have the right to occupy and use the property as if you were the owner.
  • An injunction is a court order that prohibits someone from doing something. If you file an injunction suit against a third party who is interfering with your property, the court can order them to stop.

 

Anik Miu
Advocate, Bangalore
10292 Answers
121 Consultations

These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. Registration of a sale agreement, expressing willingness to sell a property to a particular person on receiving full payment in future, will not be a bar for the property owner to go ahead and sell or transfer the property to a third party without getting the sale agreement annulled through a civil court decree. 

Seller has chosen to sale the property without your consent and knowledge. 
Since you the registered sale deed in your favour therefore you can seek the impleadment the case and seek for damages and compliance of the agreement. 

There are two types of persons who may be added as party to the suit. (1) Person who is a necessary party i.e., in the absence of whom relief claimed in the suit cannot be granted. In other words, it means that for the grant of relief claimed in a suit, a person who ought to have joined must be added, (2) the second class of persons consists of those who are proper parties i.e., whose presence may be necessary with a view to fully adjudicate upon the matters involved in the suit

In Kasturi vs., Uyyamperumal and others (2005) Hon’ble Supreme Court observed that “it is now
clear that two tests are to be satisfied for determining the question who is a necessary party. Tests are - (1) there must be a right to some relief against such party in respect of the controversies involved in the proceedings (2) no effective decree can be passed in the absence of such party.”

Detailed discussion is required in such cases. 

 

You may contact my secretary to connect with for clarification. 

 

Gopal Verma

Advocate on Record 

Supreme Court of India

Shri Gopal Verma
Advocate, Delhi
400 Answers
13 Consultations

If the seller had made a promise and the third party has any evidence to support that then it may create a dispute in the property. If the seller has concealed the fact of his earlier promise and signed an agreement to sell the whole property then you may proceed against the seller for fraudulently signing the agreement to sell. 

Dalbir Bharti
Advocate, Gurgaon
41 Answers

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